Common Questions About Minnesota DWI Laws
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Understanding the Ramifications of an Arrest for Driving Under
the Influence
Were you recently arrested for driving under the influence?
While you may still be recovering from the shock of your arrest, there are a
variety of legal considerations that are critical to understand. This article
will assist you in navigating Minnesota DWI laws and emphasize some of the things
that you need to know immediately.
DUI or DWI?
There is often confusion about the actual charge. That’s because Minnesota
DWI laws have changed several times in the last decade. Originally,
the statute about drunk driving was entitled “Driving While Intoxicated”.
The state legislature believed that this placed an extraordinary burden
on the police to prove guilt beyond a reasonable doubt. Therefore, the
statute was changed to “Driving Under the Influence” (DUI).
Again, the legislature changed the statute in 2001, stating that the
wording continued to make the charge too difficult to prove. The crime
is now termed “Driving While Impaired” (DWI). While the terms
DUI and DWI are used interchangeably, the correct term is “Driving
While Impaired” (DWI). At any rate, you can see from these “title
changes” that the State of Minnesota is very serious when it comes
to prosecuting such offenses.
Multiple Charges?
Following your arrest for driving under the influence, it is likely that
you were actually charged with many different DWI-type violations. You
may be wondering why it was necessary to charge you with multiple counts.
Essentially, Minnesota DWI laws allow each count to be
viewed as a method of committing a violation. When it comes to the sentencing
phase of the process, these charges are used to determine the length and
severity of the sentence, as well as whether the charge is a misdemeanor,
a gross misdemeanor, or a felony.
At the time of arrest, you were probably charged with one or more of the
following:
- Driving While Impaired (DWI)
- Blood Alcohol Concentration (BAC) over .08%.
- Blood Alcohol Concentration (BAC) over .08% within 2 hours of driving;
or
- Refusal to submit to testing.
At the time of sentencing, a person can only be convicted of one of the
above offenses. The other offenses will be dismissed. The fact that you
were not charged with the violation that the officer initially pulled you
over for (speeding, weaving, etc.) does not mean that the DWI charge is
invalid or that you cannot still be prosecuted for the more minor offense.
Also, the fact that you may have been charged with crimes falling outside
the DWI statutes does not mean that you are likely to escape additional
consequence for those. For example, in addition to DWI offenses, you may
be charged with something such as Fleeing a Police Officer or Leaving the
Scene of an Accident or Driving After Cancellation. In these situations,
you are facing separate, additional sentences of incarceration and/or other
punishment. An experienced DWI attorney will know whether the law allows
the sentences for such other offenses to be served consecutively (one after
another) or concurrently (punishments running “at the same time”).
Should I Fight?
People may tell you that it is no use fighting a DUI charge. Indeed,
whether or not you believe that you are guilty of driving while impaired,
your prosecution may seem very “cut and dried” to you. However,
understanding the nuances of DWI law is a very complex process. There are
criminal consequences and civil ones as well. Most non-lawyers --- and
even “non-DWI” lawyers --- do not understand that there are
two (2) separate legal “arenas” involved n a DUI. Each has
differing standards of proof and legal issues, although there is “overlap”.
An expert attorney with experience in DWI defense can help you immeasurably
in each arena. You are no doubt facing the loss of your license, jail time,
a criminal record, probation, court-ordered education, treatment, etc.
and thousands of dollars in increased insurance costs. Many people lose
their very livelihoods as the result of a DWI.
A zealous attorney will defend you and investigate the actual driving
under the influence arrest. Did the police have constitutional grounds
for the initial stop? Was there probable cause for a DWI arrest? Were you
properly advised of your rights? Experienced attorneys will also ascertain
whether the testing was accurate or in any way hindered by the police.
Whether this was a one-time bad decision in your life or yet another crisis
as the result of continuing bad decision-making and/or chemical dependency,
an experienced DWI attorney will be able to help you immeasurably.
Do You Have Questions About DWI/DUI Laws and Regulations in the State of Minnesota?
What Should I Do After Getting Arrested For a DWI?
Common Questions About Minnesota DWI Laws
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:dvhazelton@aol.com
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